@granick more like exigent circumstances exception; context of immediate emergency, not continuous info collection. (2/2)
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Replying to @granick
@granick I'm still tracking down some on this but reminder how govt used it w/FISCR in 2002. https://fas.org/irp/agency/doj/fisa/082102appeal.html …@rachelblevinson1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel imho FISCR’s use of the case is reasonable—establish special needs exception. Yoo, however, is outlandish.@rachelblevinson2 replies 0 retweets 0 likes -
Replying to @granick
@granick That Yoo letter likely tracks the 11/02/01 memo very close ex 2 pages. https://www.emptywheel.net/2016/04/06/john-yoos-two-justifications-for-stellar-wind/ …@rachelblevinson1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel yeah because he wrote the letter in one day. Cut and paste job from the memo.@RachelBLevinson2 replies 0 retweets 0 likes -
Replying to @granick
@granick Complete w/typos. Actually saying it's prolly exact same memo except for 2 rewritten pages of even more interest.@RachelBLevinson1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel I assume he had to hide the fact the surveillance was already ongoing.@RachelBLevinson1 reply 0 retweets 0 likes -
Replying to @granick
@granick She knew that. Lamberth and Baker told her.@RachelBLevinson1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel Interesting. Why then do you think that Yoo framed the letter as conditional: could/would/etc.?2 replies 0 retweets 0 likes
@granick 1) CYA 2) It's incomplete. 11/02/01 Yoo memo included analysis of POTUS auths.
https://oig.justice.gov/reports/2015/PSP-09-18-15-vol-III.pdf … (PDF 47)
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